Hotmall Terms & Conditions
Use of the Site
Use of the Website is available only to persons who can form legally binding contracts under applicable law. If Your age is below that of 18 years Your parents or legal guardians can transact on behalf of You if they are registered users or are accessing the Site under the supervision of a parent or legal guardian. Hot Mall reserves the right to terminate Your membership and refuse to provide You with access to the Website if Red Pixels discovers that You are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by Hot Mall for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of Hot Mall you agree to be bound by the Terms and Conditions. We grant you a non-transferable and revocable license to use the Web Site, under the Terms and Conditions described, for the purpose of shopping for items sold on the Web Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you. Content provided on this site is solely for informational purposes. Product representations expressed on this Web Site are those of the vendor and are not made by us. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. HotMall does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. HotMall does not make any representation or Warranty as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Website HotMall does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. HotMall accepts no liability for any errors or omissions, whether on behalf of itself or third parties. HotMall is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. HotMall cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. HotMall shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers. HotMall does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf. HotMall does not at any point of time during any transaction between Buyer and Seller gain title to or have any rights or claims over the products or services offered by Seller to Buyer. At no time shall HotMall hold any right, title or interest over the products nor shall HotMall have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers HotMall is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered. You release and indemnify HotMall and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, HotMall cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there could be risks in dealing with underage persons or people acting under false pretence. Submissions or opinions expressed on this Web Site are those of the individual posting such content and may not reflect our opinions. You may not use the Web site for any of the following purposes. o Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material. o Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice. o Gaining unauthorized access to other computer systems. o Interfering with any other person’s use or enjoyment of the Site. o Breaching any applicable laws. o Interfering or disrupting networks or Web sites connected to the Site. o Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. Certain services and related features that may be made available on the Web Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Web Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Web Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section. If you know or suspect that someone else knows your password, you should notify us by contacting us immediately through the address provided below. If Red Hot Mall has reason to believe that there is likely to be a breach of security or misuse of the Web Site, We may require you to change your password or we may suspend your account without any liability to Hot Mall. During the registration process you agree to receive promotional emails from the Web Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.
Anything that you submit to the Web Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Web Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
Order acceptance and pricing Please note that there are cases when an order cannot be processed for various reasons. The Web Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order. In order to avoid any fraud with credit or debit cards, we reserve the right to obtain validation of your payment details before providing you with the product and to verify the personal information you shared with us. This verification can take the shape of an identity, place of residence or banking information check. The absence of an answer following such a demand will automatically cause the cancellation of the order within 2 days. We reserve the right to proceed to direct cancellation of an order for which we suspect a risk of fraudulent use of credit or debit card. We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
Trademarks and Copyrights All intellectual property rights, whether registered or unregistered, in the Web Site, information content on the Web Site and all the website design, including, but not limited to text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Web Site also are protected by copyright as a collective work under Kenyan copyright laws and international conventions. All rights are reserved.
Any disputes, controversies, or differences arising out of the implementation, interpretation, performance of these Terms and Conditions, shall be finally settled through arbitration by a single arbitrator to be appointed in accordance with the rules of Chartered Institute of Arbitrators. The arbitrator shall be a person who is legally trained and who has experience in the information technology field and is independent of either party. The venue of the arbitration shall be Nairobi. The language used in the arbitration proceedings shall be English. The award of the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction and enforced in accordance with the Arbitration Act 1995 Chapter No. 4. Notwithstanding the foregoing, the Web Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through competent courts.
Applicable Law and Jurisdiction
These Terms and Conditions shall be interpreted and governed by the laws in force in Kenya. Each party hereby agrees to submit to the jurisdiction of the Kenyan courts and to waive any objections based upon venue.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Web Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Web Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Web Site or with any terms, conditions, rules, policies, guidelines, or practices of Jade E Services in operating the Web Site, your sole and exclusive remedy is to discontinue using the Web Site.